Garth v. Fort

Tu\RtJEY> J.,

delivered the opinion of the court.

In August, 1867, J. B. Fort died intestate, in Robertson county, leaving four children, viz: J.W. and J. H. Fort, Mrs. Garth and Mrs. Ligón. The children agreed to partition the lands, and on December 4, 1867, a deed interpartes to that end was prepared and purports to have been acknowledged by Mrs. Garth and Mrs. Ligón, on December 20, 1867.

Mrs. Ligón lived in Montgomery county; Mrs. 'Garth in Robertson. The other ' parties acknowledged the deed at different times.

It is claimed that on January 11, 1868, S. M. Ligón, with his wife, conveyed the…